Take all such further steps as may be necessary to recover the outstanding amount from the Subscriber, including without limitation the use of debt collection mechanisms; or Subject to clause 18, terminate this Agreement with immediate effect
All requests by the Customer for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via firstname.lastname@example.org and C-WAY COMPUTERS reserves the right to ignore any such request made in any other manner. The Parties choose their addresses where they will accept service of any notices/documents for all purposes arising from this Agreement (domicilium citandi et executandi):
In the case of C-WAY COMPUTERS:
22A Prinses St,
And in the case of the Customer, the addresses set out in the most recent Application Form agreed to between the Parties.
Either Party may vary its domicilium address or other contact details by notifying the other Party in writing.
Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:
is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee;
any notice that C-WAY COMPUTERS sends by email to an email account hosted on the C-WAY COMPUTERS’ System by the Customer will be deemed to have been received by the Customer on the date of transmission; and if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.
If any amount due to C-WAY COMPUTERS is not paid by the fifth of every month in terms of this contract, irrespective of the cause thereof, C-WAY COMPUTERS shall be entitled, without prejudice to any other rights that it may have to charge interest on any other arrears or unpaid amount at the rate of 2% (Two percent) above the prime rate of interest and shall be calculated on the amount unpaid from the date it became overdue until the date of actual payment thereof and shall be calculated and capitalized monthly in advance.
The Client shall on demand pay all expenses actually incurred by C-WAY COMPUTERS either on behalf of the client or as a result of the client’s non-compliance with any provisions of this contract, including tracing costs, all legal costs calculated on the scale as between attorney and its own client on the wider basis.
The Subscriber may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of their rights and obligations, under and in terms, of the Agreement without the prior written approval of C-WAY COMPUTERS. C-WAY COMPUTERS shall be entitled to sell, cede, assign, delegate, alienate, dispose of or transfer any or all of its rights and obligations, under and in terms, of the Agreement to any of its Affiliates or to any third party without the Subscriber’s consent and without notice to the Subscriber. “Affiliates” for this purpose includes C-WAY COMPUTERS’ holding company, the holding company(ies) of C-WAY COMPUTERS’ holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by C-WAY COMPUTERS or are under common control with C-WAY COMPUTERS.
The parties hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may arise out of the Agreement, provided that C-WAY COMPUTERS shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Subscriber consents to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded.
C-WAY COMPUTERS reserves the right to amend the Agreement, including its charges, from time to time on written notice to the Subscriber, which notice may be sent by email to the Subscriber and/or which notice may be effected by publishing any new version of the Agreement on our C-WAY COMPUTERS’ website together with the date on which it will become effective, which will (save as otherwise provided for herein) if reasonably possible, at least be 30 days after the date on which it is first published.
Member of WAPA (Wireless Access Providers’ Association). As a WAPA member, we are bound to the WAPA Code of Conduct
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